National: County election systems just got a (simulated) stress test | Benjamin Freed/StateScoop

Officials from county governments across the U.S. on Friday theorized what they’d do if an election in their jurisdiction was upended by a blizzard, power outage, phishing attack, ransomware or disinformation campaign — or some combination of those events. On the first day of the National Association of Counties‘ annual legislative conference in Washington, the county officials, including some elected leaders and chief information officers, played out a tabletop scenario that asked them to describe how they’d respond to an election-night disaster. Tabletop exercises have become increasingly common in the election-administration community, with federal agencies like the Cybersecurity and Infrastructure Security Agency holding nationwide, often closed-door events every year. The NACo event featured officials who, while maybe not directly involved in election work, could potentially have to help respond in case of an emergency. The NACo tabletop focused on a fictional community in Tennessee — Pictoria County, population 220,000 — with an election staff of 10 and IT workforce of 20, who assist with testing voting equipment before and on Election Day. In the first scenario, Pictoria County was hit with a freak, early-November snowstorm strong enough to knock down power lines, prompting the election director to ask the IT director how voting equipment will be delivered to all 150 precincts.

Full Article: County election systems just got a (simulated) stress test

National: Paper Shortage for Ballots Could Pose Difficulties for Elections | Andre Claudio/Route Fifty

With this year’s election season right around the corner, officials are warning that a shortage of paper for ballots, envelopes and other voting materials could create problems. The paper required for ballots must be a specific type that is higher quality than other kinds, explained Tammy Patrick, a senior adviser with the Democracy Fund, a nonpartisan foundation that focuses on elections and other issues. “It’s difficult to know exactly what the impact will be because we are not sure at what point these supply deficits will be filled,” Patrick told Route Fifty. “We have a situation where we have this high-quality ballot paper stock that we need for things ranging from voter registration forms, envelopes, provisional ballot forms, applications for ballots and even something as simple as a voter identification card,” she said, adding that U.S. elections are “still deeply rooted in the use of paper.” Patrick and others raised the issue of potential paper shortages affecting elections, along with rising paper costs, during a National Association of Counties meeting in Washington, D.C. over the weekend. As with other goods during the past year or so, supply chain kinks and labor shortages are among the factors blamed for shortages in the paper industry. The Electoral Knowledge Network notes that printing ballots involves extensive quality control measures and can involve using paper with features like watermarks.

Full Article: Paper Shortage for Ballots Could Pose Difficulties for Elections – Route Fifty

National: State judges across the U.S. face growing GOP pushback against rulings in election cases | Kira Lerner/Georgia Recorder

In mid-December, Texas’ highest criminal court revoked the state attorney general’s ability to use his office to prosecute election-related cases without the request of a district or county attorney. In an 8-1 opinion, the all-Republican court weakened Attorney General Ken Paxton’s power to independently go after perpetrators of voter fraud, a problem he says is rampant but is actually exceedingly rare. The decision angered Paxton, who took to Twitter to say the ruling “could be devastating for future elections in Texas.” But he didn’t stop there. In addition to filing a motion for a rehearing, he embarked on a campaign across conservative media calling on his voters to pressure the judges to reverse their ruling. His crusade is the latest example of how Republican officials are trying to discredit state court judges who rule against them or issue rulings they disagree with in election-related cases. Officials in other states, including Tennessee and Pennsylvania, are also using the tactic to undermine the judiciary and to sow doubt among voters about whether judges can be independent arbiters of fact when it comes to decisions about the administration of elections.

Full Article: State judges across the U.S. face growing GOP pushback against rulings in election cases | Georgia Public Broadcasting

‘We have a project’: QAnon followers eye swing state election official races | Ed Pilkington/The Guardian

QAnon, the extremist conspiracy movement whose followers believe Donald Trump is waging war against the “deep state”, appears to have instigated a nationwide effort to take control of the US election process in critical battleground states ahead of America’s 2024 presidential election. In recent months concern has risen over the coordinated efforts of at least 15 candidates – committed to Trump’s “big lie” that the 2020 election was stolen from him – who are now running to serve as chief election officials in key swing states. At least eight of the candidates standing for secretary of state positions have formed an alliance in which they share tactics and tips for success, details of which the Guardian revealed last month. Should any of the candidates be elected, they would be in prime position to distort or even overturn election results in favor of Trump or another preferred presidential candidate in ways that could have a profound impact on or even determine the national outcome. All the big lie candidates vying to gain control of election counts at state level present themselves as Republicans. It is now emerging that QAnon played a critical role in steering far-right candidates towards the secretary of state races as part of what appears to be a calculated nationwide assault on American democracy.

Full Article: ‘We have a project’: QAnon followers eye swing state election official races | QAnon | The Guardian

National: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk | Blake Hounshell and Leah Askarinam/The New York Times

The Electoral Count Act is both a legal monstrosity and a fascinating puzzle. Intended to settle disputes about how America chooses its presidents, the 135-year-old law has arguably done the opposite. Last year, its poorly written and ambiguous text tempted Donald Trump into trying to overturn Joe Biden’s victory, using a fringe legal theory that his own vice president rejected. Scholars say the law remains a ticking time bomb. And with Trump on their minds, members of Congress in both parties now agree that fixing it before the 2024 election is a matter of national urgency. “If people don’t trust elections as a fair way to transition power, then what are you left with?” said Senator Angus King, an independent from Maine who has been leading the reform efforts. “I would argue that Jan. 6 is a harbinger.”

Full Article: Senators Look to Fix 1887 Electoral Act Putting U.S. Democracy at Risk – The New York Times

National: State election officials survived Trump’s attacks. Will they survive the ballot box? | Arit John/Los Angeles Times

Michigan Secretary of State Jocelyn Benson and her 4-year-old son were settling in to watch “How the Grinch Stole Christmas” after putting up Christmas decorations when dozens of protesters descended on her home in December 2020 chanting “Stop the Steal” and “We want an audit.” Benson had been on the radar of President Trump and his allies since the spring, when he railed against her decision to send absentee ballot applications to all Michigan voters, calling her a “rogue Secretary.” But the late-night protest, marked by what she described at the time as “armed individuals shouting obscenities,” solidified her role as a central figure in the fight over control of American elections. The stakes have increased heading into the 2022 midterm elections. Democratic groups, donors and incumbents like Benson have raised record amounts to secure seats in battleground states, while Trump loyalists are running on his unfounded election fraud claims, challenging Democrats and Republicans like Georgia’s Brad Raffensperger in their bids to administer elections and sign off on the results. “Secretaries of state are, in the battle over the future of our democracy, serving on the front lines,” said Benson, who is expected to soon announce her reelection plans, in an interview with The Times. “[C]learly the work that we did to successfully defend democracy in 2020 has placed us in a greater spotlight.”

Full Article: Secretaries of states are front and center in 2022 midterms – Los Angeles Times

National: State Legislators Ramp Up Push for Election Control | Carl Smith/Governing

According to a January 2022 NPR/Ipsos poll, seven in 10 Americans believe that the U.S. is in crisis, even at risk of failing. Unproven claims that fraud tainted the 2020 election, still being repeated even by government officials, are a driving force behind these fears. State legislators from both parties have aggressively pushed election reform, introducing a record number of bills relating to matters including registration, voting by mail, voter ID and drop boxes. Moving beyond this, some Republican lawmakers have introduced bills that could give legislatures more power to decide election outcomes. “We see legislation and legislative reaction after every big election,” says Tammy Patrick, senior adviser to the elections program at Democracy Fund. “But the process is morphing in a way because it’s taking on additional topics that are greatly gaining traction that they never would’ve gotten in the past.” One of the bills that has attracted the most attention, Arizona HB 2596, would give the Legislature power to accept or reject election results. In the event of a rejection, “any qualified elector” would be able to file an action in a superior court to request a new election.

Full Article: State Legislators Ramp Up Push for Election Control

National: Right-wing conspiracy theories target tool that fights actual voter fraud | Miles Parks/NPR

If Republicans over the past few years have made one thing clear, it’s that they really care about voter fraud. Sometimes they call it “election irregularities” or “shenanigans,” but the issue has become a calling card for a party whose voters by and large falsely think elections in the U.S. are tainted. Which is what makes a currently blossoming election conspiracy so strange: The far right is now running a disinformation campaign against one of the best tools that states have to detect and prevent voter fraud. And experts worry voting policy is already starting to suffer as a result. The tool is a shared database called the Electronic Registration Information Center, or ERIC for short. It allows states to securely share voter registration data across state lines and with a number of other government agencies, like the Social Security Administration and departments of motor vehicles. That data-sharing allows participating states to expand ballot access by giving officials information that helps them reach out to eligible voters who have moved into the jurisdiction but have not yet registered to vote. But it also increases election security by notifying those same officials when a registered voter moves away or dies, allowing states to maintain more accurate voter rolls. “When you move away from a state, you don’t call your old state and say, ‘Please take me off the voter lists,’ ” said David Becker, an elections expert and former Justice Department attorney who led the development of ERIC while working at the Pew Charitable Trusts. “So to get really strong data that someone moved to another state — got a driver’s license there or maybe registered to vote — that’s really powerful information that allows states to keep their data up to date.”

Full Article: Right-wing conspiracy theories target tool that fights actual voter fraud : NPR

National: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ | Jonathan Weisman and Reid J. Epstein/The New York Times

The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” and rebuked two lawmakers in the party who have been most outspoken in condemning the deadly riot and the role of Donald J. Trump in spreading the election lies that fueled it. The Republican National Committee’s voice vote to censure Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois at its winter meeting in Salt Lake City culminated more than a year of vacillation, which started with party leaders condemning the Capitol attack and Mr. Trump’s conduct, then shifted to downplaying and denying it. On Friday, the party went further in a resolution slamming Ms. Cheney and Mr. Kinzinger for taking part in the House investigation of the assault, saying they were participating in “persecution of ordinary citizens engaged in legitimate political discourse.” After the vote, party leaders rushed to clarify that language, saying it was never meant to apply to rioters who violently stormed the Capitol in Mr. Trump’s name. “Liz Cheney and Adam Kinzinger crossed a line,” Ronna McDaniel, the Republican National Committee chairwoman, said in a statement. “They chose to join Nancy Pelosi in a Democrat-led persecution of ordinary citizens who engaged in legitimate political discourse that had nothing to do with violence at the Capitol.”

Full Article: G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’ – The New York Times

States seek to protect election workers amid growing threats | Lisa Rathke and Christina A. Cassidy/Associated Press

Lawmakers in a handful of states are seeking greater protections for election officials amid growing concerns for their safety after they were targeted by threats of violence following the 2020 presidential election. Widespread threats against those who oversee elections, from secretaries of state to county clerks and even poll workers, soared after former President Donald Trump and his allies spread false claims about the outcome of the presidential election. “Corrupt secretaries will all hang when the stolen election is revealed” is just one example of the vitriol that has come from social media, emails and phone messages. Even in Vermont, where the outcome wasn’t disputed, election workers have faced threats. A caller to the secretary of state’s office said in 2020 that a firing squad would target “all you cheating (vulgarity),” and “a lot of people are going to get executed.” To counter the threats, lawmakers have introduced bills so far in Vermont and several other states, including Illinois, Maine, New Mexico and Washington, all of which have legislatures controlled by Democrats. Much of the legislation would create or boost criminal liability for threats and, in Illinois, for assaults against election workers.

Full Article: States seek to protect election workers amid growing threats | AP News

National: Trump Calls for Massive Protests If He is Arrested, Calls (Black) Prosecutors Investigating Him “Racist,” and Suggests He Would Pardon Jan. 6 Rioters If Elected in 2024 | David Goodman and Emily Cochrane/The New York Times

Donald J. Trump said on Saturday that if elected to a new term as president, he would consider pardoning those prosecuted for attacking the United States Capitol on Jan. 6 last year. He also called on his supporters to mount large protests in Atlanta and New York if prosecutors in those cities, who are investigating him and his businesses, took action against him. The promise to consider pardons is the furthest Mr. Trump has gone in expressing support for the Jan. 6 defendants. “If I run and I win, we will treat those people from Jan. 6 fairly,” he said, addressing a crowd at a fairground in Conroe, outside Houston, that appeared to number in the tens of thousands. “We will treat them fairly,” he repeated. “And if it requires pardons, we will give them pardons, because they are being treated so unfairly.” At least 700 people have been arrested in connection with the Jan. 6 riot, including 11 who have been charged with seditious conspiracy. Some have said they believed they were doing Mr. Trump’s bidding. As president, Mr. Trump pardoned a number of his supporters and former aides, including Michael T. Flynn, his first national security adviser, who twice pleaded guilty to lying to the F.B.I., and Stephen K. Bannon, his former campaign strategist and White House adviser, who was charged with defrauding donors to a privately funded effort to build a wall along the Mexican border.

 

Full Article: Trump Says He Would Consider Pardons for Jan. 6 Defendants if Elected – The New York Times

National: Trump Had Role in Weighing Proposals to Seize Voting Machines | Alan Feuer, Maggie Haberman, Michael S. Schmidt and Luke Broadwater/The New York Times

Six weeks after Election Day, with his hold on power slipping, President Donald J. Trump directed his lawyer, Rudolph W. Giuliani, to make a remarkable call. Mr. Trump wanted him to ask the Department of Homeland Security if it could legally take control of voting machines in key swing states, three people familiar with the matter said. Mr. Giuliani did so, calling the department’s acting deputy secretary, who said he lacked the authority to audit or impound the machines. Mr. Trump pressed Mr. Giuliani to make that inquiry after rejecting a separate effort by his outside advisers to have the Pentagon take control of the machines. And the outreach to the Department of Homeland Security came not long after Mr. Trump, in an Oval Office meeting with Attorney General William P. Barr, raised the possibility of whether the Justice Department could seize the machines, a previously undisclosed suggestion that Mr. Barr immediately shot down. The new accounts show that Mr. Trump was more directly involved than previously known in exploring proposals to use his national security agencies to seize voting machines as he grasped unsuccessfully for evidence of fraud that would help him reverse his defeat in the 2020 election, according to people familiar with the episodes. The existence of proposals to use at least three federal departments to assist Mr. Trump’s attempt to stay in power has been publicly known. The proposals involving the Defense Department and the Department of Homeland Security were codified by advisers in the form of draft executive orders.

Full Article: Trump Had Role in Weighing Proposals to Seize Voting Machines – The New York Times

National: Memo circulated among Donald Trump allies advocated using NSA data in attempt to prove stolen election | Josh Dawsey, Rosalind S. Helderman, Emma Brown, Jon Swaine and Jacqueline Alemany/The Washington Post

The memo used the banal language of government bureaucracy, but the proposal it advocated was extreme: President Donald Trump should invoke the extraordinary powers of the National Security Agency and Defense Department to sift through raw electronic communications in an attempt to show that foreign powers had intervened in the 2020 election to help Joe Biden win. Proof of foreign interference would “support next steps to defend the Constitution in a manner superior to current civilian-only judicial remedies,” argued the Dec. 18, 2020, memo, which was circulated among Trump allies. The document, a copy of which was obtained by The Washington Post, laid out a plan for the president to appoint three men to lead this effort. One was a lawyer attached to a military intelligence unit; another was a veteran of the military who had been let go from his National Security Council job after claiming that Trump was under attack by deep-state forces including “globalists” and “Islamists.”

Full Article: Memo circulated among Donald Trump allies advocated using NSA data in attempt to prove stolen election – The Washington Post

National: Rejected Mail Ballots Are Showing Racial Disparities | Mike Baker/The New York Times

Among the thousands of mail-in ballots that were rejected in Washington State during the 2020 election, auditors have found that the votes of Black residents were thrown out four times as often as those of white voters. The rejections, all of them because of problematic signatures, disqualified one out of every 40 mail-in votes from Black people — a finding that already is causing concern amid the national debate over voter access and secure balloting. Washington, a state with broad experience in mail-in balloting, found that rejection rates were also elevated for Native American, Hispanic, and Asian and Pacific Islander voters. State officials said there were no signs that ballots cast by Black or other minority voters were knowingly singled out by poll workers, or that any of the ballots were deliberately falsified; the rejections were a result of signatures that were missing or did not match those on file, a possible result, the officials said, of voter inexperience, language problems or other factors. “It’s not acceptable, quite frankly,” said State Auditor Pat McCarthy, a Democrat, whose office conducted the audit. She urged election officials to take steps to address the disparities. The findings in Washington State mirror mail-ballot research that has been conducted in other states in recent years, including Georgia and Florida. But they are crucial in a state like Washington, which in 2011 became the second state to adopt all-mail balloting, behind Oregon. Mail-in voting has been an option for all statewide elections since 1991.

Full Article: Rejected Mail Ballots Are Showing Racial Disparities – The New York Times

National: Trump followers zero in on secretary of state campaigns | Zach Montellaro/Politico

Donald Trump’s pick to become Arizona’s top elections official raised more campaign cash in 2021 than his two potential Democratic opponents combined — a sign of MAGA-world’s deep engagement in taking over under-the-radar positions in charge of running battleground state elections. State Rep. Mark Finchem, whom Trump endorsed for Arizona secretary of state in September of last year, has made the former president’s lies about the 2020 election results a cornerstone of his campaign. Finchem has said repeatedly, and without providing legitimate evidence, that the election was tainted by fraud, and he was a major backer of the GOP-led review of the vote in Maricopa County, which election experts and the county’s own Republican officials trashed as an unprofessional fishing expedition. Drafting off Trump’s endorsement, Finchem brought in more than $660,000 for his campaign in 2021, according to new campaign finance reports. That’s more than the combined fundraising totals of the two leading Democrats, former Maricopa County Recorder Adrian Fontes and state House Minority Leader Reginald Bolding, who respectively raised about $385,000 and $200,000 for the year. Another Republican with business ties actually raised even more than Finchem. But the financial haul from Trump’s pick, which included thousands of donations under $100 that poured in from around the country, points to a broader trend across the states.

Full Article: Trump followers zero in on secretary of state campaigns – POLITICO

Editorial: The sloppy, patchwork, spaghetti-at-the-wall effort to steal the presidency | Philip Bump/The Washington Post

It’s worth beginning with the observation that it was all so obvious. President Donald Trump’s effort to secure a second term in office regardless of the will of the electorate was so ham-handed and clumsy that it was like watching a little kid do a magic trick: You knew what was coming and how it would work and you just had to let it play out. Although of course, this particular magic trick ends with the kid’s friend furiously trying to burn your house down. As we continue to learn details of how Trump scrambled to block Joe Biden’s victory in the weeks after the 2020 election — like the report Monday evening that Trump considered various options for seizing voting machines — it is useful to fit what we know into an overarching framework. No part of the scheming by Trump and his allies is disconnected from the rest; each intertwines into an ad hoc, three-pronged ploy. He tried to prove fraud. He tried to get elections officials to act as if there had been fraud. And then he just tried to steal the election.

Full Article: The sloppy, patchwork, spaghetti-at-the-wall effort to steal the presidency – The Washington Post

National: Federal prosecutors looking at 2020 fake elector certifications, deputy attorney general says | Evan Perez and Tierney Sneed/CNN

Federal prosecutors are reviewing fake Electoral College certifications that declared former President Donald Trump the winner of states that he lost, Deputy Attorney General Lisa Monaco told CNN on Tuesday. “We’ve received those referrals. Our prosecutors are looking at those and I can’t say anything more on ongoing investigations,” Monaco said in an exclusive interview. The fake certificates falsely declaring Trump’s victory were sent to the National Archives by Trump’s allies in mid-December 2020. They have attracted public scrutiny amid the House’s January 6 investigation into the pressure campaign that sought to reverse Trump’s electoral defeat. Monaco did not go into detail about what else prosecutors are looking at from the partisan attempt to subvert the 2020 vote count. She said that, more broadly, the Justice Department was “going to follow the facts and the law, wherever they lead, to address conduct of any kind and at any level that is part of an assault on our democracy.” This is the first time that the Justice Department has commented on requests from lawmakers and state officials that it investigate the fake certifications.

Full Article: Federal prosecutors looking at 2020 fake elector certifications, deputy attorney general says – CNNPolitics

Trump Supporters Left Death Threats for Election Workers. We Called Back. | Madeleine May/Vice

“Well, Tennessee is watching you, Mr. Rick,” a voicemail said. “I’m just right over the border. We’re watching you all closely.” Another one had a similar message: “Hey Rick, watching this video of you on YouTube. You need to get your act together or people like me really may go after people like you.” And yet another: “I hope they hang your fucking ass.” After the 2020 presidential election, hundreds of threatening messages, emails, and voicemails were left for elections workers across the country. This is especially true in election hotspots like Georgia’s Fulton County, where officials were harassed for months over the phone and by email. Local law enforcement has not held anyone accountable, and some workers fear continued harassment in future elections. Importantly, these calls weren’t anonymous. Instead, they were made by people from across the country who believe the false conspiracy that the 2020 election was stolen from former President Donald Trump—and that election workers in Fulton County were to blame for massive electoral fraud. VICE News called them back. These messages were sent without shame: Of the threatening messages reviewed by VICE News, almost all contained the phone numbers, email addresses, or names of the people who had sent or left them. None regretted leaving threatening messages or expressed remorse that their words had caused election workers to fear for their lives. 

Full Article: Trump Supporters Left Death Threats for Election Workers. We Called Back.

National: Justice Dept. tells states they can use federal grant money to protect election workers | Matt Zapotosky/The Washington Post

The Justice Department on Wednesday told states they could spend federal law-enforcement grant money on protection for election workers, who have faced a plethora of threats in the aftermath of the 2020 election. In a letter Wednesday, Kristen Mahoney, acting director of the Bureau of Justice Assistance, told state officials administering a law-enforcement grant program that they could use the funds “to deter, detect, and protect against threats of violence against election workers, administrators, officials, and others associated with the electoral process.” Top officials also discussed the possibility in a meeting with election officials and workers, who have pressed the Justice Department to do more to provide for their safety and investigate and prosecute those making threats. Last week, the Justice Department’s election threats task force brought its first criminal case against a Texas man accused of threatening election and other government workers in Georgia. Those included Secretary of State Brad Raffensperger (R), according to people familiar with the investigation who spoke on the condition of anonymity to discuss details not included in the indictment. The head of the Justice Department’s criminal division said at the time the task force has received more than 850 referrals of potentially harassing and offensive statements, resulting in dozens of open investigations or efforts to mitigate danger.

Full Article: Election threats: Federal grants can pay for protecting elections workers – The Washington Post

National: Election officials renew push for more financial assistance | Benjamin Freed/StateScoop

A group of current and former election officials said Tuesday that state and local administrators continue to need more financial resources to improve voting processes, particularly audits verifying the accuracy of elections at a time when disinformation and distrust are rising. During a virtual event hosted by the Center for Tech and Civic Life, a Chicago nonprofit made up of technologists and data analysts, speakers said states, counties and municipalities that run elections still face significant expenses. “Equipment costs, those are major for counties,” said Chris Hollins, the former clerk of Harris County, Texas. The county, which contains Houston, purchased 12,000 new voting machines — touchscreen interfaces that print paper records — in early 2021 for about $54 million. But, Hollins noted that Harris — home to 2.4 million voters — “is fortunate to be well resourced.”

Full Article: Election officials renew push for more financial assistance

National: Read the never-issued Trump order that would have seized voting machines | Betsy Woodruff Swan/Politico

Among the records that Donald Trump’s lawyers tried to shield from Jan. 6 investigators are a draft executive order that would have directed the defense secretary to seize voting machines and a document titled “Remarks on National Healing.” POLITICO has reviewed both documents. The text of the draft executive order is published here for the first time. The executive order — which also would have appointed a special counsel to probe the 2020 election — was never issued. The remarks are a draft of a speech Trump gave the next day. Together, the two documents point to the wildly divergent perspectives of White House advisers and allies during Trump’s frenetic final weeks in office. It’s not clear who wrote either document. But the draft executive order is dated Dec. 16, 2020, and is consistent with proposals that lawyer Sidney Powell made to the then-president. On Dec. 18, 2020, Powell, former Trump national security adviser Michael Flynn, former Trump administration lawyer Emily Newman, and former Overstock.com CEO Patrick Byrne met with Trump in the Oval Office. In that meeting, Powell urged Trump to seize voting machines and to appoint her as a special counsel to investigate the election, according to Axios.

Full Article: Read the never-issued Trump order that would have seized voting machines – POLITICO

National: Jan. 6 Panel and State Officials Seek Answers on Fake Trump Electors | Luke Broadwater and Alan Feuer/The New York Times

Law enforcement officials, members of Congress and the House committee investigating the Jan. 6 attack on the Capitol are digging deeper into the role that fake slates of electors played in efforts by former President Donald J. Trump to cling to power after he lost the 2020 election. In recent days, the state attorneys general in Michigan and New Mexico have asked the Justice Department to investigate fake slates of electors that falsely claimed that Mr. Trump, not Joseph R. Biden Jr., had won their states. Representative Mark Pocan, Democrat of Wisconsin, wrote to Attorney General Merrick B. Garland on Friday demanding an investigation into the same issue in his state. And this week, members of the House committee scrutinizing the Jan. 6 riot said that they, too, were examining the part that the bogus electoral slates played in Mr. Trump’s scheme to overturn the election. “We want to look at the fraudulent activity that was contained in the preparation of these fake Electoral College certificates, and then we want to look to see to what extent this was part of a comprehensive plan to overthrow the 2020 election,” Representative Jamie Raskin, Democrat of Maryland and a member of the committee, told reporters on Capitol Hill. “There’s no doubt that those people were engaged in a constitutional fraud on the public and on the democracy,” he added in a separate interview, referring to the bogus electors.

Full Article: Jan. 6 Panel and State Officials Seek Answers on Fake Trump Electors – The New York Times

National: Pro-Trump death threats prompt bills in 3 states to protect election workers | Peter Eisler/Reuters

In Vermont, lawmakers are considering bills to make it easier to prosecute people who threaten election officials. In Maine, proposed legislation would stiffen penalties for such intimidation. In Washington, state senators voted this month to make threatening election workers a felony. The measures follow a Reuters series of investigative reports documenting a nationwide wave of threats and harassment against election administrators by Donald Trump supporters who embrace the former president’s false voting-fraud claims. Sponsors and supporters of the legislation in all three states cited Reuters reporting as an impetus for proposing tougher enforcement. Washington state Senator David Frockt, a Seattle Democrat, said the reports “gave us more evidence” to build support for legislation to hold accountable those who threaten election officials. In Maine, a bill authored by Democratic state Representative Bruce White would enhance penalties for anyone who “intentionally interferes by force, violence or intimidation” with election administration. Secretary of State Shenna Bellows cited the Reuters reporting in testimony supporting the bill. “This is unacceptable,” she said, noting that two municipal clerks in Maine were threatened with violence.

Full Article: Pro-Trump death threats prompt bills in 3 states to protect election workers | Reuters

National: Defending 2022 Elections from Misinformation, Cyber Threats | Jule Pattison-Gordon/Government Technology

With the anniversary of the misinformation-fueled Jan. 6 U.S. Capitol attack just weeks in the past, and the 2022 midterms looming, Congress members called a hearing last week to examine the nation’s election security needs. Cyber threats are becoming ever more sophisticated, presenting a constant challenge — especially for local governments with slim resources. Meanwhile, mis- and disinformation drum up public ire against elections officials, threaten residents’ abilities to vote freely and encourage those public officials who buy into the false narratives to tamper with elections, according to witnesses, whose backgrounds included areas like voting rights, cybersecurity and public policy. State and local election officials can only achieve so much cybersecurity without federal help, said Matt Masterson, former senior cybersecurity advisor for the Cybersecurity and Infrastructure Security Agency (CISA). Certain threats — like a hypothetical software supply chain compromise impacting election systems software — are too advanced, he said. There is currently no federal framework to guide state and local officials’ efforts to procure secure election software, said Brennan Center for Justice senior counsel Gowri Ramachandran. She said Congress can encourage a safer election IT market by restricting federal procurement to only those vendors meeting certain standards — thus creating a financial incentive. But even vendors’ abilities are limited against the kinds of sophisticated attacks that breached SolarWinds, said Masterson.

Full Article: Defending 2022 Elections from Misinformation, Cyber Threats

National: Republicans Want New Tool in Elusive Search for Voter Fraud: Election Police | Michael Wines/The New York Times

Reprising the rigged-election belief that has become a mantra among their supporters, Republican politicians in at least three states are proposing to establish police forces to hunt exclusively for voter fraud and other election crimes, a category of offenses that experts say is tiny at best. The plans are part of a new wave of initiatives that Republicans say are directed at voter fraud. They are being condemned by voting rights advocates and even some local election supervisors, who call them costly and unnecessary appeasement of the Republican base that will select primary-election winners for this November’s midterms and the 2024 presidential race. The next round of voting clashes comes after the apparent demise of Democratic voting rights legislation in Washington on Thursday. It is a reminder that while the Democratic agenda in Washington seems dead, Republican state-level efforts to make voting harder show no sign of slowing down. Supporters say the added enforcement will root out instances of fraud and assure the public that everything possible is being done to make sure that American elections are accurate and legitimate. Critics say the efforts can easily be abused and used as political cudgels or efforts to intimidate people from registering and voting. And Democrats say the main reason Republican voters have lost faith in the electoral system is because of the incessant Republican focus on almost entirely imagined fraud. The most concrete proposal is in Florida, where Gov. Ron DeSantis asked the State Legislature last week for $5.7 million to create a 52-person “election crimes and security” force in the secretary of state’s office. The plan, which Mr. DeSantis has been touting since the fall, would include 20 sworn police officers and field offices statewide.

Full Article: Republicans Want New Tool in Elusive Search for Voter Fraud: Election Police – The New York Times

National: Dominion sees no chance of settling suits against pro-Trump lawyers Giuliani, Powell | Jan Wolfe and Helen Coster /Reuters

Dominion Voting Systems Corp has told a court there is “no realistic possibility” that the voting machine manufacturer will reach settlements in its billion-dollar defamation lawsuits against Rudy Giuliani and Sidney Powell, lawyers who worked for former President Donald Trump. Dominion and another voting software firm, Smartmatic, have brought several lawsuits against people who spread conspiracy theories related to their voting machines after the 2020 presidential election that Trump lost to President Joe Biden. “Given the devastating harm to Plaintiffs, the lack of remorse shown by Defendants, and the fact that many of them continue to double down on their lies, Plaintiffs do not believe any realistic possibility of settlement exists,” Denver-based Dominion said in a filing on Monday in federal court in Washington. Lawyers for Giuliani and Powell said in the same filing that their clients may be open to settlement talks once the exchange of evidence, or “discovery,” is complete. “Powell and Giuliani have nothing to show remorse for and dispute that they have lied about anything,” the defense lawyers said.

Full Article: Dominion sees no chance of settling suits against pro-Trump lawyers Giuliani, Powell | Reuters

Editorial: Democrats, Want to Defend Democracy? Embrace What Is Possible. | Larry Diamond/The New York Times

Like many scholars of democracy, I have strongly supported both the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act. Both are necessary (though not sufficient) to secure the most precious rights in any democracy — the right to vote and the right to have one’s vote counted fairly and accurately. Most supporters of these bills believed the urgent need for them justified lifting the Senate filibuster and passing them on a purely partisan vote. But with the refusal of Democratic Senators Joe Manchin and Kyrsten Sinema (or any Republican senators) to vote to suspend the filibuster, it’s clear that these bills will not pass this Congress. The only remaining option is to pare back the reform cause to a much narrower agenda that can command bipartisan support. Democrats must recognize that politics is the art of the possible, and democratic responsibility demands that we not sacrifice what is valuable and possible on the altar of the unattainable. That means supporting the bipartisan efforts to reform the Electoral Count Act. This work is now taking shape in bipartisan negotiations among moderate senators convened by Susan Collins, Republican of Maine. The new bill would fix some of the most dangerous vulnerabilities in the 1887 Electoral Count Act — some of which we saw in the 2020 election — that could enable a future Congress (or a rogue vice president) to reverse the vote of the Electoral College in certain states or to plunge the process of counting electoral votes into such chaos that there would be no way of determining a legitimate winner. Such a deadlock could precipitate a far larger and more violent assault on the democratic order than what we saw on Jan. 6. Reducing the risk of such a calamity is a democratic imperative.

 

Full Article: Opinion | Democrats, Want to Defend Democracy? Embrace What Is Possible. – The New York Times

Georgia and Voting Rights: Deep Distrust Over a Plan to Close Polling Places | Richard Fausset/The New York Times

The showdown over voting rights in the U.S. Senate may be over for now. But the issue is still smoldering in a stretch of Northeast Georgia countryside where local officials recently introduced a plan to close seven polling sites and consolidate them into one. The proposal in Lincoln County has attracted the attention and ire of major voting rights groups and suspicion among some Black residents who say the effort is just the latest example of voter suppression in a state where Republicans recently passed a restrictive new law. Hundreds of upset residents have filed protest petitions that could cause local officials to scale it back. But local officials say the current polling spots are in need of modernization — and that in a county where about two-thirds of the 7,700 residents are white, the plan is simply an effort to make it easier to manage elections. The remaining site would be located close to the polling place that currently serves the county’s one majority-Black precinct. “They seem to think that I’m trying to stop Black people from voting,” said the elections director, an African American woman named Lilvender Bolton. She would administer the plan that was under consideration last week by a mostly Republican-appointed board of two Black members and three white ones. In Georgia, a state where razor-thin voting margins have helped swing the White House and control of the Senate, any effort to change the process of voting has become fiercely contested. And after recent efforts by Republicans in Georgia and around the country to restrict voting, suspicions are high.

Full Article: Georgia and Voting Rights: Deep Distrust Over a Plan to Close Polling Places – The New York Times

National: Manchin, Sinema join with GOP in rejecting attempt to change filibuster rules, effectively killing Democratic voting bill | Mike DeBonis/The Washington Post

The year-long Democratic push for federal voting rights legislation died in the Senate on Wednesday night, after Republicans blocked an elections bill for the fifth time in six months and Democrats failed to unite their caucus behind a plan to rewrite the Senate’s rules and pass it anyway. The final clash, which has been brewing since Democrats won congressional majorities a year ago as Republican legislatures in 19 states embarked on a campaign to roll back election access, began with an evening vote to close debate on a sprawling voting rights bill. That vote, at the Senate’s traditional 60-vote margin for legislation, failed on party lines. Senate Majority Leader Charles E. Schumer (D-N.Y.) then moved to reconsider the legislation to propose a rules change allowing for the bill’s advancement with a simple majority of 51 votes. The Senate rejected that maneuver 52 to 48, with two Democrats, Joe Manchin III (W.Va.) and Kyrsten Sinema (Ariz.), joining all 50 Republicans in opposition.

Full Article: Manchin, Sinema join with GOP in rejecting attempt to change filibuster rules, effectively killing Democratic voting bill – The Washington Post

National: A New Digital Army Is Counting Votes to Prove Trump’s Big Lie | David Gilbert/Vice

Once you had to sit in an empty auditorium for weeks counting millions of paper ballots to take part in a sham “audit” of the 2020 election. Now, all you need is a laptop and an internet connection. That’s all thanks to a new digital platform recruiting volunteers to act as judge and jury over the validity of votes cast in the 2020 election. The platform is called Polaris Recount, and anyone can now simply sign up to become a “citizen adjudicator” and look at digital images of votes cast in the election and decide if minor smudges, errant fold lines, or slightly askew ballots are evidence of some enormous sinister plot to steal the 2020 election from Donald Trump. Digital ballot images are routinely reviewed as part of the official election audit process, typically done by automated software looking to corroborate the results of a specific race. But in the case of Polaris, the process is being conducted on a nationwide scale, with hundreds of amateur sleuths trying to prove a conspiracy theory about widespread election fraud. Launched in late November, the platform has seen signups “gaining exponentially” in recent weeks, according to the man behind the system, who told VICE News that around 1,000 volunteers—who come from all corners of the U.S. and some even from overseas—are now spending their days looking at digital images of ballots cast in Lea County, New Mexico, which is the race currently being assessed on the platform.

Full Article: A New Digital Army Is Counting Votes to Prove Trump’s Big Lie